Page:United States Statutes at Large Volume 122.djvu/5024

 12 2 STA T .50 01 PUBLIC LA W 110 –438—O CT. 20 , 2008 complet e and t r an s m i ttot h e S pea k ero f the H o u se of R epresenta - ti v es and the P resident pro tempore of the Senate , a stud y of the use and the effects of the provisions of la w amended ( and as amended )b y this A ct . Such study shall address, at a minimum — ( 1 ) whether and to what de g ree members of reserve compo- nents of the Armed F orces and members of the N ational G uard avail themselves of the benefits of such provisions, ( 2 ) whether and to what degree such members are debtors in cases under title 11 of the U nited States C ode that are substantially related to service that q ualifies such members for the benefits of such provisions, ( 3 ) whether and to what degree such members are debtors in cases under such title that are materially related to such service, and ( 4 ) the effects that the use by such members of section 70 7(b)(2)( D ) of such title, as amended by this Act, has on the bankruptcy system, creditors, and the debt-incurrence prac- tices of such members. (b) F ACTORS .—For purposes of subsection (a)— (1) a case shall be considered to be substantially related to the service of a member of a reserve component of the Armed Forces or a member of the National Guard that qualifies such member for the benefits of the provisions of law amended (and as amended) by this Act if more than 33 percent of the aggregate amount of the debts in such case is incurred as a direct or indirect result of such service, (2) a case shall be considered to be materially related to the service of a member of a reserve component of the Armed Forces or a member of the National Guard that qualifies such member for the benefits of such provisions if more than 10 percent of the aggregate amount of the debts in such case is incurred as a direct or indirect result of such service, and (3) the term ‘ ‘effects ’ ’ means— (A) with respect to the bankruptcy system and credi- tors— (i) the number of cases under title 11 of the United States Code in which members of reserve components of the Armed Forces and members of the National Guard avail themselves of the benefits of such provi- sions, (ii) the aggregate amount of debt in such cases, (iii) the aggregate amount of debt of such members discharged in cases under chapter 7 of such title, (iv) the aggregate amount of debt of such members in cases under chapter 7 of such title as of the time such cases are converted to cases under chapter 13 of such title, (v) the amount of resources e x pended by the bank- ruptcy courts and by the bankruptcy trustees, stated separately, in cases under title 11 of the United States Code in which such members avail themselves of the benefits of such provisions, and (vi) whether and to what extent there is any indicia of abuse or potential abuse of such provisions, and ( B ) with respect to debt-incurrence practices—

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